Opinion
NO. 2016 CW 0679
09-09-2016
STATE OF LOUISIANA v. MICHAEL CALLOWAY
In Re: Michael Calloway, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 189532. BEFORE: McDONALD, McCLENDON AND DRAKE, JJ.
WRIT DENIED. A writ application in a criminal proceeding is not the proper procedural vehicle to establish a right to records under the Louisiana Public Records Law, La. R.S. 44:1, et seq. A person who wants to examine public records must make the request to the custodian of the records. See La. R.S. 44:31 & 44:32. If a request for public records is denied by the custodian, before seeking relief from this Court, the person must first institute civil proceedings for a writ of mandamus at the trial court level. See La. R.S. 44:35 (A). Should the person prevail, he should be prepared to pay the regular service fees for copies of the documents. See State ex rel Nash v. State, 604 So.2d 1054 (La. App. 1st Cir. 1992). After the trial court issues a ruling in the civil proceeding, the person may seek a civil appeal of the trial court's action, if he desires. See La. R.S. 44:35 (C).
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT